Annapurna Roy v. Bharat Petroleum Corporation Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4649 of 2022 ====================================================== Annapurna Roy wife of Mangesh Kumar Roy, resident of Village and P.O.- Bairampur P.S.- Biraul, District- Darbhanga, Bihar. PIN- 848209. ... ... Petitioner/s

Versus

1.

Bharat Petroleum Corporation Ltd. having its registered office at Bharat Bhavan, 4 and 6, Cummbhoy Road, Balard Estate, P.B. No. 688, Mumbai400001 2.

The Regional Manager (Retail), Bharat Petroleum Corporation Ltd., Muzaffarpur POL Depot, Village- Sherpur, NH- 28, near Narainpur, Anantpur Railway Station, P.O.- MIC Bela, District- Muzaffarpur, Bihar, Pin- 842005.

3.

The Head of Territory Office, Bharat Petroleum Corporation Ltd., Muzaffarpur POL Depot, Village- Sherpur, NH- 28, near Narainpur, Anantpur Railway Station, P.O.- MIC Bela, District- Muzaffarpur, Bihar, Pin- 842005.

4.

Shri Manoj Jha, son of Manikant Jha Village and P.O.- Phulhara, P.S.- Singhiya, District- Samastipur, Bihar PIN- 848209. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Respondent/s :

Mr. Sanjay Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 25-04-2022 Heard learned counsel for the petitioner and learned senior counsel for the respondents.

The challenge in the present petition is to the order dated 10th February, 2022 (Annexure-5) passed by the Territory Manager (Retail), Muzaffarpur. The same reads as under:

Patna High Court CWJC No.4649 of 2022(2) dt.25-04-2022 2/3 A perusal of the aforesaid order shows that the same is not only non-speaking but totally cryptic. Such an order cannot stand scrutiny of law.

Under the circumstances, we set aside the order dated 10th February, 2022 and remit the matter to the same authority for being dealt with as per law. The objections raised by the petitioner need to be dealt with and appropriate decision needs

Patna High Court CWJC No.4649 of 2022(2) dt.25-04-2022 3/3 to be taken. If necessary, the concerned authority shall grant personal hearing to the petitioner and thereafter take appropriate decision at the earliest, in any case not later than six weeks. The writ petition stands disposed of on the aforesaid terms.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- U